The order to withdraw life-sustaining treatment had initially been opposed by members of the 85-year-old woman's family

A North health trust won a legal battle to allow an elderly stroke victim to “sink into death” despite initial opposition from her family.

County Durham and Darlington NHS Foundation Trust was granted the right to withdraw life-sustaining treatment and place a ‘do not resuscitate’ order on the 85-year-old woman at the Court of Protection.

The woman, who is not named for legal reasons, had been treated at a care home in the region but was moved to Darlington Memorial Hospital to receive round-the-clock care after she suffered a stroke.

The court heard from medics who described the woman as in a terminal phase of her life, very frail, suffering from dementia and unable to communicate with anyone.

Her son-in-law had been the main opponent to the plans, the judgement in the case says, and had been angry about the care his mother-in-law had received.

High Court Judge Stephen Cobb says: “He is angry at what he perceives to be sub-standard care delivered to his mother-in-law in a nursing home and Darlington Memorial Hospital.

“He filed a statement in which he bluntly accused the care staff of failing to discharge their professional duty.”

However, the family may still launch civil action against the Trust.

The woman’s husband gave his views through a solicitor.

Mr Justice Cobb said he did not oppose the application, adding: “He thought she would say that ‘probably when it came to the last’ she ‘should be allowed to sink into death’.”

The woman’s daughter, however, also opposed the application, although she did later change her mind.

Mr Justice Cobb said: “[She] felt that the hospital had been too hasty to withdraw food and fluid, and she had therefore lost confidence in the overall treatment regime; she said that she felt pressured at the meeting [with Trust solicitors].”

Judge Cobb, who referred to the woman as ‘P’ in court papers, said, however, medical evidence supported the Trust’s application

He said: “I do not for one moment underestimate the upset to P’s family at seeing P’s life ebb away.

“They doubtless all struggle with the exquisitely painful and conflicting emotions and beliefs about the preservation of her life, even if it is for a matter of moments, as against allowing P the freedom to slip away into death.

“From the little I know about P, she obviously had a rich and happy life, valuing and valued by her close family, and it is all too understandable that they wish to cling on to her, and to extend that life, for as long as possible.

“I have weighed carefully the arguments for and against the declarations, canvassed in the argument and in the evidence. I have had regard to the views of the family and – so far as it is possible to ascertain them – of P herself.

“I have had regard to the uniform medical views as to her realistic prognosis, and the probability that she will not regain any or any significantly enhanced consciousness, let alone capacity.

“The evidence in support of the Trust’s applications has, in the end, been overwhelmingly clear.” The Sunday Sun contacted County Durham and Darlington NHS Foundation Trust but it said it does not comment on individual cases.

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